A BURGLAR who crept past a sleeping eight-year-old child to steal from a Bradford on Avon family avoided jail for a second time being told by the judge it was his last chance.

Stuart Duggan was taken back to Swindon Crown Court for re-sentencing after completing part of a 100-hour community service order.

The 26-year-old completed just 46 hours of the order in the 17 months since he was sentenced and failed to turn up for some of his probation.

But a judge has decided not to impose a jail term and gave him a new 100 hours community service order.

Duggan broke into a house on Ashley Close, Bradford on Avon, during the summer of 2003 to be confronted by an eightyear-old autistic boy asleep on the sofa.

Rather than leaving the scene he crept past the youngster to steal hundreds of pounds from a purse and wallet he found in the lounge as well as two mobile phones.

When he was arrested after police found his fingerprints in the house he told them that he had been drunk at the time and climbed in through an open window. He admitted the break-in.

When he was sentenced Duggan, who has a string of previous convictions for a variety of offences including burglary, was living in Ashton Street, Trowbridge.

Earlier this year he was arrested because he had gone missing from the address he had given to the probation service in Bath.

The court heard that Duggan had also completed 22 sessions of a Think First programme but not the follow-up meetings.

Stephen Mooney, defending, said that the most important point was that his client had not committed any other offences since he was sentenced.

He lived rough for a while in Bath and then moved with his partner to Wrexham when she came out of prison.

After moving he said his client put the orders to the back of his mind and hoped they would go away.

As well as getting a job he lived a law-abiding life and is now engaged to be married.

Passing sentence Judge John McNaught said "I am inclined to chance my arm an order him to do some community service work in Wrexham."

He told Duggan: "If you breach this they will have you up there and they will send you to prison for it."